ABSTRACT
Practitioners … should be acutely aware of the fiduciary nature of their relationship with their clients, and always deal with their clients fairly, free of the influence of any interest which may conflict with a client’s best interests. Practitioners should maintain the confidentiality of their clients’ affairs, but give their clients the benefit of all information relevant to their clients’ affairs of which they have knowledge … [(NSW) Professional Conduct and Practice Rules; (ACT) Professional Conduct Rules; Preamble – Relations with Clients.]
There is an implied term in the retainer agreement that the lawyer will preserve the confidentiality of all communications between the lawyer and the client. This also arises from the existence of a fiduciary relationship between the lawyer and the client.
